PTO

News & Analysis as of

USPTO Releases Memorandum on Subject Matter Eligibility

On May 4th the U.S. Patent and Trademark Office issued its latest Guidance on how Examiners are to apply recent U.S. Supreme Court and Federal Circuit precedent related to subject matter eligibility (see "USPTO Issues Update...more

Stay Ahead Of The Tides: The Ever Changing California Employment Landscape

Employers with California employees are already familiar with the particularities and unique challenges associated with doing business in this state. As other west coast states appear to be meeting or surpassing California’s...more

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors...more

Ruff CA Leave Laws: Pet Care and Other Peculiarities

Seyfarth Synopsis: In leaves of absence, as in employment law generally, California can be peculiar. We examine at a few examples, including particular city ordinances in Emeryville and San Francisco, and other statewide...more

Chicago Ordinance Requires Employer to Provide Paid Sick Leave

The City of Chicago joined a growing list of cities requiring private employers to provide paid sick leave to its employees. With no federal sick pay requirement, employers in the City of Broad Shoulders will now need to bear...more

Chicago's Paid Sick Leave Ordinance Is Now Law

Chicago has joined a growing list of states and cities that require employers to provide paid sick leave to their employees. The paid sick leave provisions were added as an amendment to the Chicago Minimum Wage Ordinance –...more

Highlights of San Diego Minimum Wage and Sick Leave Ordinance Approved by Voters and Expected to Take Effect in July 2016

On June 7, 2016, San Diego voters voted in favor of a proposed two-fold Ordinance, which will increase the City's minimum wage rate and allow employees working within the San Diego city limits to earn one hour of paid sick...more

Workplace Policy Institute Insider Report — July 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner...

This is the second part of a two-part blog post in which I recap the issues Commissioner Feldblum and I discussed during the webinar. Yesterday, I provided guidance on how an employer should address an employee’s requests...more

Chicago to Become the Second City in the Midwest to Mandate Paid Sick Leave in 2016

On June 22, 2016, the Chicago City Council unanimously passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (the “Ordinance”).  Chicago is the second city in the Midwest this year to pass a law granting employees...more

Flexibility Offered for Deferred Compensation Plans of Tax-Exempt Organizations, Government Agencies

The U.S. Treasury Department has issued two sets of proposed regulations, under Sections 457 and 409A of the Internal Revenue Code, relating to deferred compensation plans of state and local governments and tax-exempt...more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

Chicago Poised to Become Next City to Require Paid Sick Leave for Employees

Last week, Chicago became poised to join a growing group of U.S. cities to mandate paid sick leave for employees when a Chicago City Council committee passed a bill that would provide employees with at least 40 hours per year...more

Voters Approve Paid Sick Leave Changes in San Diego and San Francisco

After enduring years of drought, California employers find themselves in a phenomenon of equal concern: a cruel summer. In the span of one month, two new local paid sick leave laws were signed and amendments to two existing...more

City of Los Angeles Doubles Employee’s Sick Leave Entitlement Effective July 1, 2016

Like its neighbor Santa Monica and other major California cities including San Francisco and Oakland, the City of Los Angeles approved its own sick leave entitlement ordinance on June 2, 2016. The Los Angeles Ordinance...more

The Ever-Evolving Obligations of California Employers to Provide Paid Sick Leave (and New Minimum Wage Requirements, too!)

This month, the Cities of Los Angeles and San Diego passed paid sick leave and minimum wage ordinances to go into effect soon. While all California employers have been required to provide paid sick leave to employees since...more

Paid Sick Leave Trend May Require Reconsidering Bundled PTO

An expanding patchwork of paid sick leave laws may represent the next challenge for employers trying to keep pace with changing workplace laws. While Congress has failed to pass federal legislation guaranteeing paid...more

If Pain, Yes Gain—Part XIX: Minneapolis Passes Paid Sick Leave Ordinance

Seyfarth Synopsis: On May 27, 2016 the Minneapolis, MN city council unanimously passed a mandatory paid sick leave ordinance—the first of its kind in the state and perhaps the most generous of any paid sick leave mandate in...more

Workplace Policy Institute Insider Report — June 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The June edition of the Insider Report highlights recent federal...more

Minneapolis Becomes the First City in the Midwest to Mandate Sick and Safe Leave

On May 31, 2016, Mayor Betsy Hodges signed the Minneapolis Sick and Safe Time Ordinance (the “Ordinance”), an expansive paid leave measure.  Under this Ordinance, starting July 1, 2017, employers must allow employees to...more

Minneapolis Sick and Safe Time Ordinance Compliance Guide

On May 27, 2016, the Minneapolis City Council passed its long awaited Sick and Safe Time Ordinance, requiring most employers with employees working in the City of Minneapolis to provide paid sick/safe time to those employees...more

New PTAB Trial Practice Rules Effective May 2, 2016

On April 1, 2016 the PTO published its final rule on Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board.  A small correction to these Amendments was published on April 27.  ...more

Key Legislation Emerging from the 2016 Maryland General Assembly Session and Local Ordinances to Remember

Maryland's 2016 General Assembly session has now adjourned. Maryland employers should be aware of the following new laws resulting from this legislative term:  (1) Equal Pay for Equal Work; (2) Equal Pay Commission; (3)...more

More Paid Sick Leave – The New Trend Sweeping California

California’s Healthy Workplaces, Healthy Families Act of 2014 (California’s Sick Leave Law) took full effect statewide on July 1, 2015, requiring that most employees may use at least three days (24 hours) of paid sick leave...more

EEOC Issues New Resource Document Addressing Leave as a Reasonable Accommodation under the ADA. What's the Impact on Employers?

For years, employers across America have been clamoring for guidance from the EEOC about how they should manage an employee’s request for extended or intermittent leave from work and how much leave is considered as...more

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